I agree with @Othelo in a vulgar language "Njoki ako na Kiherehere kama njot ya kwanza" she heard on a matter of urgency
but pushed it's ruling far away. She had colluded with them to make them stay. Mutinda was wise in disqualifying himself just to point to Njoki that he's the CJ. Despite mutunga having trusted and allowed judges freedom, Njoki turned it into a weakness akawa na madharau. She's playing populist.
Everybody STEALS, a THIEF is one who's CAUGHT stealing something of LITTLE VALUE. !!!